S-13-0318 State v. Yai Bol a/k/a Daniel D. Matit (Appellant)
Lancaster County, Judge Paul D. Merritt, Jr.
Attorneys: Elizabeth Elliott (Public Defender’s Office) --- George R. Love (Attorney General’s Office)
Criminal: DUI, .15 or above, 4th Offense
Proceedings below: A jury found Appellant guilty of DUI, .15 or more. After an enhancement hearing, the court found a 3rd offense. A nunc pro tunc order was entered finding a 4th offense. He was sentenced 2-3 years in prison and his license was revoked for 15 years. The sentence was ordered to be served consecutively to another criminal case in Lancaster County, CR 12-719.
Issues: The district court erred in (1) overruling Appellant’s motion to suppress for lack of probable cause; (2) finding sufficient evidence to support a conviction; (3) finding Exhibits 29 and 30 were valid prior convictions; (4) issuing the Order Nunc Pro Tunc; (5) imposing an excessive sentence.